Transgender Ethics: Epic Trailblazer Malpractice In New Hampshire

Ex-N.H. state legislator, Stacy Laughton, a.k.a Barry Laughton.

Ex-N.H. state legislator Stacie Laughton, a.k.a  felon Barry Laughton.

Trailblazers have an ethical obligation when they presume to break a social or occupational barrier to a marginalized group’s participation and equal treatment. Simply put, their duty is to make the bias that has created the barrier and necessitated the “trail” look ignorant, cruel, foolish and unfair. A trailblazer does not have to be a shining star, though it helps, but must be capable of at least doing a solid, average, generally acceptable job., even in the grudging judgment of bigots.

This is because a trailblazer who does a poor job or displays character traits that are objectively inadequate for a role model, which a trailblazer inevitably becomes, risks adding to the barrier he or she just breached for those who follow behind them. The ethical requirement for trailblazers is the same as the traditional edict for doctors “First do no harm.” Being a trailblazer, however, is not easy, and since failure is catastrophic for the group a trailblazer represents, there is a duty not to attempt such a high-risk, high-profile cultural role unless the trailblazer is first, reasonably convinced that he or she the resources of talent, ability, fortitude, character and courage to succeed, and second, willing to accept and overcome the added stress of relentless attention and criticism.

There have been excellent trailblazers, cultural heroes all. Jackie Robinson, the first black Major League baseball player to break the color barrier is the template, but there are many other successes: Justice Thurgood Marshall, John F. Kennedy, the first Catholic President of the U.S., Amelia Earhart, Diane Crump, the first female jockey, the late Ed Brooke, the first black U.S. Senator since reconstruction, and too many more to mention. There have also been some miserable failures. The worst trailblazer was probably Shannon Faulkner, who fought in the courts for two years to force The Citadel to accept female cadets, then, after she was victorious, showed up fat and unprepared, and washed out in just one week as millions of dubious vets said, “See? What did we tell you?” Then there was Carol Moseley Braun, the charismatic, promising African-American Democrat whon Illinois voters elected as the nation’s first black female Senator, only to turn out to be thoroughly corrupt.

More recently, we have seen other trailblazers fall short, like Michael Sam, the first openly gay player drafted by the NFL.  Is there a celebrity gay marriage that has not ended in a quick divorce? Most have been failures, reinforcing the belief that gays are promiscuous and unsuited for a real marriage. Most vividly of all in the realm of trailblazer malpractice, we are reminded of the disheartening and tragic examples of Barack Obama, and Eric Holder every day.

Still, in the annals of epic trailblazer fiascoes, it would be hard to top the story of Stacie Laughton, New Hampshire’s first openly transgender state legislator, who was elected in 2012 as one of three House members for Ward 4 in Nashua. Continue reading

Fair vs Fair: Ethics and the “No-Tip” Restaurant

You know, this looks like a place that would believe that dishwashers deserve as much pay as waiters...or as bankers, for that matter.

You know, this looks like a place that would believe that dishwashers deserve as much pay as waiters…or as bankers, for that matter.

William Street Common is a new restaurant in Philadelphia, and is getting publicity for, we are told, experimenting with a different and (maybe?) fairer compensation model. Owner Avram Hornik  pays all of its employees, from the servers to the dishwashers, at least $15 an hour plus paid sick leave and health insurance benefits. There is a 20 percent service charge for drinks, and that goes into a common fund that makes that  $15 an hour wage affordable. Money left over at the end of a pay period is divided up among employees based on a point system related to various factors.

Hornik came up with this structure, he says, to deal with the well-debated problems of tipping. “Some people just tip the same amount, but some people base it on how quickly the food was there, whether we were out of something, whether the server was there when they wanted them to be,” he says. “So much of that is out of the control of the individual server… So why would it be fair for the service employee to be responsible for the poor decisions of management?”

Hornik argues that his model “essentially creates a guaranteed floor. But we’re also capping the ceiling,” he points out, because the tipping gets shared equally with all employees. “We didn’t think it was fair [that] in some places you have dishwashers earning 10 dollars an hour and the bartender earning 30 dollars an hour.” He also is convinced that the customers will benefit.  “That atmosphere among the employees, a sense of community and empowerment and happiness with the job, is going to translate into a better environment for customers,” he said. “By having happy staff customers are going to be happier too.”

Is this system really fairer than the current one? Progressives are cheering it, because it represents a “living wage,” or at least something close to it. OK, but it would be nice not to feel hyped: ThinkProgress, for example, had headlines that the William Street Common “got rid of tipping” and writes “tips aren’t mandatory.”

Inept reporting or lies, take your pick. A 20% “service charge” is a mandatory tip, so tips ARE mandatory. The reports don’t explain how voluntary tipping has been eliminated, or whether a server would be prohibited from keeping a ten-dollar bill that a diner hands him, saying, “You know, the food was lousy, but you were so gracious and accommodating that you single-handedly made the evening bearable. Thank you. If I ever come back, it will be because of you.” If so, is that fair?  I don’t think so. In fact, it’s exactly as unfair as a diner not rewarding excellent service, and tipping a dime. Continue reading

No Judgment At Planet Fitness

They mean what they say!

They mean what they say!

In Midland, Michigan, a Planet Fitness gym revoked a woman’s membership because she complained that a man—actually a man who identifies as a woman— was in the woman’s locker room.

Company officials explained that she violated its “no judgment zone” policy. Planet Fitness  policy also states members and guests may use all gym facilities based on their self-reported gender identity.

Fine.

It’s their business, and they can make whatever silly and irresponsible rules they want. If they want to make members dress like chickens, wear noodles on their heads and speak only pig latin, that’s their choice. The establishments Planet Fitness wants to run, apparently, are ones where a woman can go into the ladies locker room and run into some hairy, naked guy with his dong hanging out, and she gets dinged because she objects, not knowing that he is really all girl at his creamy nougat center.

Okaaaaay…. Eventually Planet Fitness will have a membership that is all trans, all blind, or all pathologically politically correct, or perhaps have no establishments at all. When the company says “no judgment,” it really means it, because this shows a ludicrous lack of judgment. But ethical! The policies were all communicated to all members, so the woman violated the “don’t react negatively to the showboating trans individual in the ladies locker room who shows no respect or consideration for others who might not be quite ready for a full frontal” policy, and has no defense, except offensive normalcy.

Clearly “Men” and “Ladies” labels on locker rooms and bathrooms are no longer unambiguous or effective.

What do you think about “Penis” and “No Penis” signs? I think that solves the problem, especially in places where there’s no judgment.

 

Ethics Observations On The Selma Celebration “Gotcha’s!”

Selma redux

1. The big controversy as of this morning involved the New York Times front page photo, which managed to be cropped exactly at the point where former President Bush could have been seen. Given the Times’ proclivities, conservative blogs and Fox News presumed the snub was intentional. If it had been intentional, that would have indeed been disrespectful and unethical photojournalism. The Times explanation, however, seems reasonable. It tells us something, though, that nobody at the Times saw this coming. I think it’s incompetence born of bias. “Where’s Bush?” “He was too far down the line, so the photo looks lousy if he’s included.” “Damn. Well, put a note in explaining that.” Bias makes us stupid, and the fact that no Times editor had this conversation is, in fact, stupid.

2. If the NAACP was setting the place cards, and I assume they were, then Bush should have been second row center, and not an MSNBC demagogue and race-hustler who owes the U.S. back taxes. Talk about biased and stupid. The NAACP claims it wants to be a unifying force in the country, but it doesn’t. It promotes divisiveness,and intentionally. It’s good for business.

3. A graceful, fair, respectful and competent President of the United States would have insisted that his immediate predecessor be in a position of prominence, as part of the message that this event was an important part of the history of America and all Americans. It would have been the right thing to do. Bush would have done the same for him. But we do not have a graceful, fair, respectful and competent President. We have an arrogant, petty, self-absorbed and divisive one.

4. …who can, on occasion, rise to give an excellent speech, which he did. Continue reading

The Petraeus Deal and Justice In America

broadwell

I’m in a rush to get ready for a law firm seminar, so I’m going to mostly let Ken White at Popehat do my work for me, as he is very qualified to do in this case. In his comments on the David Petraeus plea deal, Ken quite appropriately raises questions of why such serious crimes as the acclaimed general and former CIA head engaged in do not warrant prison time, and he answers thusly: Petraeus is rich, famous and has powerful friends.

Ken obvious believes those aren’t good reasons, and I agree with him. Nor are the other rationalizations that the general has suffered enough, that he isn’t really a criminal, that the nation owes him, or that he is a valuable resource for the nation that we are better served by not storing behind bars.

I believe that Petraeus has less excuse for his conduct than the typical defendant, and that as a celebrity, war hero and tole model, his defiance of the law is more serious, and more deserving of punishment, than the majority of non-violent criminals who go to jail. Indeed, Petraeus had styled himself as a moral exemplar. I read yesterday—I don’t have time to find the link—that Edward Snowden’s lawyers sent a cheeky message to prosecutors that Snowden would be happy to accept a similar deal to Petraeus’s.  Exactly.

These incidents do terrible damage to the public’s trust in the justice system’s fairness, and they should. Plea deals like this, bought with lawyer fees, bias and influence, are unequivocally wrong.

Unethical Quote Of The Month: Christiane Amanpour

amanpour

“There are some situations one simply cannot be neutral about, because when you are neutral you are an accomplice. Objectivity doesn’t mean treating all sides equally. It means giving each side a hearing.”

——Christiane Amanpour in 1996, responding to critics who called her reporting on the Bosnian War biased.

Now THIS is an unethical quote, in contrast to the earlier one from Christiane, which I posted yesterday as an “Ethics Quote of the Week.”

I’m posting this one 20 years after it was uttered because…

1. It explains the previous quote from yesterday.

2. It tells us everything we need to know about Christiane, which is to say, she cannot be trusted as a reporter.

3. For some reason I was unaware of it.

4. It appears to have become the motto of all reporters.

5. It is unethical to the core, and

6. A lot of people, including most journalists, don’t know why. Continue reading

The Tangled Ethics of the Down Syndrome Cheerleader

There’s a lot going on here, and I may lack the ethics dexterity, or perhaps the courage, to figure it out.

I learned about the story on CNN this morning, as the newscasters were getting misty-eyed and “Awwing” all over the place. With a lot of fairly disturbing ethics issues rotting on my plate, I was looking for something uplifting to write about. I’m not sure whether this is it or not.

Here is the most recent on-line story about Kory Mitchell, a sophomore on the varsity cheerleading squad for Manitou Springs (Colorado) High School, who was born with Down Syndrome:

DENVER, Colo. – A Colorado teen with Down syndrome has made her dream of competing in a cheerleading competition come true.

Colorado’s 3-A cheerleading champions hail from Manitou Springs. At the top of their pyramid is a teenager who has overcome serious challenges in her life. The countdown is on as thirteen girls get one last practice in at the Colorado School of Mines. In minutes, the Manitou Springs Mustangs huddle will compete against other top teams.

Cheerleaders take center stage showcasing their spirit and synchronicity. The Manitou Springs Mustangs huddle one last time. And for the first time, joining them in competition is 16-year-old Kory Mitchell.

“She is full of life and full of energy and always wants to be a part of everything,” says her mom, Bonnie King, as she watches with pride.

Her daughter has dreamt about being a cheerleader since elementary school. Her mom is emotional.

But learning these already complicated routines is harder for Kory. “It`s just a tough road when you have a differently-abled child. And to see them have a sense of belonging and acceptance is what she wants, of course, is just so beautiful to see it,” mom says.

Kory’s teammates see what’s under the surface. Things like courage, patience and unconditional acceptance.

“She`s pretty spunky. And she`s got some sass. She loves being out there. It`s nice to see her smile and part of the team,” says one of her teammates. Sometimes competitions aren’t about who wins, but a little hardware doesn’t hurt.

Kory accepted the trophy and a hand from her teammates.

“It`s my dream come true. I love my girls a lot. I`m a big fan of cheerleaders,” Kory said.And Kory’s teammates are big fans of her. This was Kory`s first competition, but she has cheered with the team since last year at football and basketball games.

Observations (some of them reluctant): Continue reading

A New, Seductive And Sinister Way To Be Unethical: Shoplifter Extortion For Profit

CEC

If you are accused of shoplifting in Chicago, New York, San Francisco, Boston, Dallas, Houston, San Diego, Los Angeles, Miami, Atlanta, and a growing number of other cities, you may face an unexpected choice. If the store you were shopping in participates in a program operated by  the Utah-based Corrective Education Company, you will be asked to choose between talking to the police, with the risk of being arrested, or leaving the store without facing law enforcement, after you sign an admission of guilt and agree to pay $320 to take an online anti-shop-lifting course.

What??

Slate informs us that about 20,000 people around the country have faced versions of this dilemma since CEC began operations, and chose option B—enriching CEC, and the stores as well. The interesting approach was started by two Harvard Business School graduates—that figures—and is sold as a win-win-win-win:

“It saves retailers time that they would have to spend dealing with the police; it frees up law enforcement resources that could be spent on higher priority cases; it reduces the likelihood that a shoplifter will come back to the store to steal again; and it gives second chances to offenders who would otherwise be saddled with a criminal record for life.”

Right.

It’s unethical you know. I wonder if the company knows? Continue reading

Jackie Robinson West Little League Baseball Team Epilogue: Who Says “Cheaters Never Prosper”?

Littel League champs

As described here, Chicago’s Jackie Robinson West Little League Baseball team was stripped of its U.S. title after Little League International found out–later than it should have— that the team’s adult leadership changed the district boundaries without permission to create what was really an all-star team. The championship, to be blunt, was won through cheating.

Since the team’s members were all African-Americans, Jesse Jackson and many of the parents immediately claimed that racism was behind the forfeit. If, however, a white team had been found to have prevailed over a black team by cheating and was allowed to keep its ill-gotten championship, Jackson would also scream racism. (This was a #11. on the Draft Ethics Alarms Race-Baiting Scale: Presumed Racism: Accusations of racism based on no other factors but the races of the individuals involved.) Jackson and Chicago Mayor Rahm Emanuel then pressured the Little League to reverse its decision, essentially allowing cheating to be 100% successful, as it often is in politics. To its credit, the organization refused to bend.

Never mind:  Emanuel is a veteran of the Obama administration, and also has a large black constituency to pander to. Thus he plans on giving the team championship rings at next month’s city council meeting. Emanuel found private donors to fund championship rings shortly after the Little League World Series. Each ring has the player’s name, jersey number and the number 42, in tribute to Jackie Robinson.  On the inside of each ring, the legend, “Who says cheaters never prosper?” is engraved in script.

Just kidding about that last part. Continue reading

Finalizing The Sadly Useful School Anti-Violence No-Tolerance Insanity Scale

Alas, the deadly pizza gun is only a #5 now...

Alas, the deadly pizza gun is only a #5 now…

In January 2013, I realized I had used “Now this is the worst example of insane no-tolerance school conduct that there can ever be!” multiple times, and that it was time to make some close calls. I asked readers to rank the following real examples of child abuse by schools, in which children of various ages were punished cruelly and excessively for harmless conduct that violated a poorly envisioned no-tolerance rule. This was the list:

1. Biting pizza into the shape of a gun.

2. Pointing a finger in the shape of a gun and saying “Bang!”

3. Threatening to shoot a student with a bubble gun.

4. A deaf child who makes the obvious sign-language symbol for gun,  to “say” his own name, because his first name is “Hunter”

5. Expelling a student and bringing charges of criminal assault for shooting another student with a spitball through a straw

6. Accidentally bringing a paring knife to school in a lunch box

7. Drawing a picture of your father holding a gun

8. Playing with a LEGO figure carrying a LEGO automatic weapon

9. Drawing a picture of a gun

10. Writing a poem about the Newtown shooting.

I  received a lot of responses on the blog, more off-site. I never published the final results, however, which also takes into consideration my own positions. Here, from most defensible to most insane, is the current order, and why each entry landed where it did: Continue reading